§Why CasetextPricing

Seaton v. TripAdvisor, LLC

RESPONSE to Motion re MOTION to Dismiss the Complaint

28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,382 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. New York Times Co. v. Sullivan

    376 U.S. 254 (1964)   Cited 7,019 times   36 Legal Analyses
    Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

  5. Gertz v. Robert Welch, Inc.

    418 U.S. 323 (1974)   Cited 3,935 times   16 Legal Analyses
    Holding that a private defamation plaintiff cannot recover punitive damages without proving actual malice

  6. Milkovich v. Lorain Journal

    497 U.S. 1 (1990)   Cited 1,762 times   14 Legal Analyses
    Holding that a statement that implies a false assertion of fact may be actionable even if it is couched as a statement of opinion

  7. Masson v. New Yorker Magazine, Inc.

    501 U.S. 496 (1991)   Cited 1,447 times   3 Legal Analyses
    Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"

  8. Swanson v. Citibank

    614 F.3d 400 (7th Cir. 2010)   Cited 2,102 times   2 Legal Analyses
    Holding plaintiff stated a claim under § 3605

  9. Miller v. Currie

    50 F.3d 373 (6th Cir. 1995)   Cited 2,726 times   1 Legal Analyses
    Holding that "a general objection to a magistrate's report, which fails to specify the issues of contention, does not satisfy the requirement that an objection is filed. The objections must be clear enough to enable the district court to discern those issues that are dispositive and contentious."

  10. Curtis Publishing Co. v. Butts

    388 U.S. 130 (1967)   Cited 1,548 times   1 Legal Analyses
    Holding a college football coach was a public figure for libel purposes

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 95,100 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Section Amendment I - Religion and Expression

    U.S. Const. amend. I   Cited 7,434 times   3 Legal Analyses
    Recognizing the "right to petition the Government for redress of grievances"

  15. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,090 times   170 Legal Analyses
    Preempting state law